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it as enemy combatant, military court. i know john mccain, lindsey graham, couple of others are pushing for that. you need a little more evidence to know whether you can do that. you really have to know, did he become part of the terrorist war against the united states? these e-mails and texts that they're discovering kind of make a pretty good case that he was part of a group that's at war against the united states. if you can make that case, then you could try him in a military court. you could try him in guantanamo bay and not have the spectacle of this trial having to take place in boston or some other place where they would change venue. >> are you sure about military court? as i understand, it was for noncitizens and for foreign nationals. >> if a citizen becomes part of the war effort against the united states -- let's take an example like this. let's take the second world war. let's say an american citizen went to germany and joined the nazi army and invaded the united states, we could try that person in a military court. now, the nature of this war is so ambiguous, you're going
heard in that report from mike emanuel, lindsey graham, republican from south carolina said let's go quickly. essentially we have terrorists in our midst. we might. let's find out who all of these 11 million people who have come here illegally are but does anyone think that terrorists will step to the front of the line to register? >> you know, look. this is the broader question of will, will this immigration reform bill make us safer? i think gram gram overstated the argument, you're right. -- lindsey graham. you're a terrorist attempting to be member of a sleeper cell it is unclear you will necessarily surface as this proposed new law requires you to do and make yourself known to authorities. on the other hand here is the ironic thing. in a way the bill could make us safer from this perspective. the two brothers came here when their family came here. their family came here look like they had other families already here. the parents of two the brothers had a brother, their uncle already here in the united states and they therefore appear like they might have come here, they got extr
cain, lindsey graham, they are suggesting. >> that could take him out of the american criminal justice system and put him into some other kind of system. it's not quite clear. a military tribunal, perhaps being sent to guantanamo. in any case the obama administration has shown absolutely no interest in that idea and every indication is that he will be tried as a criminal defendant in an american criminal courtroom. >> lindsey graham who himself is a military attorney, has spent 30 years in the u.s. air force, he insists he wants tsarnaev to be tried in american civilian court, but that didn't preclude at least for now naming him an enemy combatant to try to question him to see if there are other bombs out there, other individuals who may be involved. sort of this imminent threat notion. is he on sound legal ground, lindsey graham, when he says, yes, he'll go before a civil trial, but at least for now name him an enemy combatant so he can be questioned? >> well, the obama administration has established a policy of a so-called public safety exception to the miranda rule where for some period of
by using the normal criminal procedures. >> because lindsey graham and others say, yes, he should be tried as a u.s. citizen, should be tried in a u.s. civilian court, but that can await this process of doing some serious interrogation of him and designating him as an enemy combatant in the meantime. all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and
are following today along with our top story out of boston. just yesterday senator lindsey graham warned islam is extremists are still a serious threat to our nation. >> our nation is at war, the enemy is radical islam, defined as the taliban, al-qaida, and affiliated groups. the question i have regarding this case, is there any association between these two individuals and the groups i just named to allow enemy combatant status to be conferred upon the suspect in boston. jenna: we now know according to the white house that is not going to happen. senator lindsey graham republican of south carolina is a member of the judiciary committee and stepped out of a hearing to join us. nice to have you back on the program. >> thank you very much. jenna: let's talk a little bit about what you had to say about radical islam. you say yo we need to up our game. what specifically do you mean by upping our game against radical islam. >> the first thing we need to do is reject the narrative of this administration that osama bin laden is dead, the wars are receding and we are all safe. they've been trying to s
that's the wrong legal path. senator lindsey graham of south carolina has said tsarnaev should be questioned by u.s. intelligence agencies. and then put on trial before a military commission, perhaps even at guantanamo bay in cuba. the obama administration has insisted that criminal trials can be just as effective, and tsarnaev is an american citizen, which could complicate putting him in a military court. the actual filing of criminal charges. that could come quite quickly. even within the next day or so. and the -- he would then appear before a federal magistrate. if he is not well enough to leave the hospital, that hearing could actually be done in his hospital room. alex? >> okay, pete, so what point does he get an attorney? >> well, he gets a lawyer during this questioning process for the next 48 hours. under this rule. he has no right to the miranda right. once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enou
understand senator lindsey graham correctly, is what he was proposing is by making him an enemy combatant, that he would be turned over to the military to be questioned for a period, 30 days, and whatever he said during that 30 days could not be used against him when he gets turned back over for a federal trial. i think that's what he said. you know, which is different than what i think some people thought he meant originally. but anyway, i also thought it was interesting that the defendant is, according to the magistrate, and we have a copy of the transcript from the court hearing today, is that he is alert, mentally competent, and lucid. they did talk to him a little bit. i guess they might have got some information out of him the last day or so, would you expect? >> you know, i think what we have to do here, greta, as you are pointing out, is to separate the whole notion of what would be admissible in a criminal trial. i think there's very little doubt that he will be found guilty in a criminal trial; that he very likely will receive the death penalty. there's a lot of evidence out the
is one way to achieve something but, what we're trying to achieve, what lindsey graham, and kelly ayotte are trying to achieve, that is the most important thing. our priority here should be, i think, not to punish these perpetrators. not to prosecute them. not to rehabilitate them. our main purpose right now should be, we have somebody in custody who may know of other terrorist plots of other terrorist cells, who has information that may save lives and prevent future bombings. the question is, can we get that information from him, or are we going to do i think what now has been done, tell him he has the right to remain silent and we're going to remain ignorant of the information he has even if that means other people will be killed in terrorist attacks in the future. this is a decision we've made. i think it is a mistaken decision to say we're going to remain ignorant and we're not going, we're going to let him have the right to remain silent, aside from all the prosecution, aside from all other issues. we're remaining ignorant by choice. >> host: here are headlines. "washington post" sa
to achieve with lindsey graham and kelly, that is the most important thing. our priority should be not to punish these perpetrators, not to prosecute them, not to rehabilitate them. our main purpose should be that we have somebody in custody that may know of other terrorist plots and terrorist cells that has information that could save lives. can they get information from them? tell them that he has the right to remain silent and we are going to remain ignorant of the information that he has, even if that means that other people will be killed and a terrorist act in the future. it is a mistaken decision to say that we will remain ignorant. aside from all of the prosecution and issues. we are remaining ignorant right choice. >> officials say the boston bombing suspects are apparently motivated by religion. no terrorist group ties. -- brother's mastermind masterminded the attack. they worked independently. does that change your opinion? >> i have great respect for the media. i spent many years as a journalist. we get things wrong. how do we know? can you tell me who trained them?
, lindsey graham, kelly ayotte, peter king, they released a statement, the suspect, based upon his actions, clearly is a good candidate for enemy combat tant status. we do not want the suspect to remain silent. we have concerns that limiting this investigation to 48 hours and exclusively relying on the public safety exception to miranda could very well be a national security mistake. is this realistic he would be named as an enemy combat talent, denying him rights even though's u.s. citizen, he was naturalized on september 11th of last year and he was arrested in the united states? >> no, this is a deep philosophical division between the obama administration and some of the republican -- sorry about this and what that means is the obama administration has said the criminal justice system can make this work, the criminal can handle national security risks like this person, terrorists have been prosecuted, moussaoui. this administration is committed to using the american courts there are some critics, like senator mccain, like senator graham, who say that's too big a risk, that we have too m
. lindsey graham has said there are two possible ways that the fbi dropped the ball on this. first, it could have been a systemic failure in the sense that the procedures were following up on these warnings were floored or secondly there was some individual floor related to this. >> briefly, because you have said that, look, despite the fact that this may now have russia sort of saying, look, we tried to warn the u.s., look at that relationship between russia and chechnya, just because the u.s. and russia have to communicate about this issue, that it could help relations between these two countries. >> that's something we can see going forward. u.s.-russian relations have been terrible the last few years. a travel ban and asset freeze on senior russian officials and the russians retaliated with a sisir ban on u.s. officials linked with guantanamo bay. >> and he's u.s. adoptions. >> u.s. adoptions, exactly. there's indications that relations could be warming and is we have the winter olympics next year in sochi. >> we'll need a lot of international cooperation on security, as well. >> exactly
senator lindsey graham, specifically from senator john mccain for the suspect to be treated as an enemy combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case w
got in terms of a note that was handed to me talking about a few senators, lindsey graham, john mccain, kelly ayotte, congressman peter king, all of whom have said this suspect based on his actions clearly is a good candidate for enemy combatant status. we do not want this suspect to remain silent. talk about that in terms of what prosecutors are doing right now. is that the path down which prosecutors and any investigators are going right now? >> well, it's unclear whether or not they're going down that path to identify and designate him as an enemy combatant but they should at least go down the path to determine whether or not that is the designation they should make for this particular person. then they should do it based on our national security, national interest to determine whether or not identifying him as an enemy combatant will actually enhance our national security and national interest. >> what about the charges? what do you expect them to be against dzhokhar. >> well, if he's not designated as an enemy combat eant he wille charged federally. the first decision has to b
, republican senators lindsey graham, kelly ayotte, congressman peter king a short time ago, issued a statement this morning asking for the suspect to be tried as an enemy combatant. they said, in part, "we do not want the suspect to remain silent." senator chambliss, vice chair of the subcommittee on violence said "i'm disappointed that it appears this administration is once again relying on miranda's public safety exception to gather intelligence which only allows, at best, a 48-hour waiting period that may expire since the suspect has been critically wounded." will there be a public outcry, ed o'keefe, about all that's given, the suspect is a natural citizen? >> with those five senators -- lawmakers, certainly the outcry could potentially be beginning. it's no surprise that that quintet, if you will, is calling for the administration to handle him as what they describe as an enemy combat talent. the obama administration doesn't use that term anymore it allows for an indefinite detention of someone under national security concerns. that's what they are hoping for. we will see what the justice
Search Results 0 to 14 of about 15 (some duplicates have been removed)

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